KASHMIRI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by Kashmiri Lal and Hemant Kumar-appellants/accused, against the judgment dated 5.6.2003 passed by the Special Judge, Patiala, vide which they were convicted for the offence under Section 12 of the Prevention of Corruption Act, 1988 (for brevity 'the Act') and were sentenced to undergo rigorous imprisonment for a period of 1-1/2 years and to a fine of Rs. 2,000/- each and in default thereof to further undergo rigorous imprisonment for a period of three months.

(2.) The prosecution story, in brief, is that one FIR No. 37 of 1998 under Sections 467, 468, 471, 218, 212 and 120-B IPC and Section 13 (1) (d) read with Section 13 (2) of the Act had been registered against the Modern Agro Chemical Industries Private Limited and others, which was being investigated by the S.P. Vigilance Bureau, Patiala. Notice dated 18.10.1999 and 27.10.1999 Exs. P.24 and P.25, were issued to Kashmiri Lal/accused and one Om Parkash, respectively, for producing the stock register, cash register and bill books of their firms, in the office of Vigilance Bureau, Patiala on 21.10.1999 and 28.10.1999 respectively. Those notices were duly served by Kuldeep Singh, ASI complainant (PW-2) upon the said persons. In pursuance of the first notice, records were not produced and the same necessitated issuance of the second notice. In pursuance of the second notice, both the accused came to that office and met the complainant on 28.10.1999. When the complainant asked them about the record, which was required in connection with the investigation of the said FIR, they replied that they have not brought the record and asked him to resolve the matter otherwise. He told them that the record was required in connection with the investigation of the case. Thereafter on 29.10.1999, both the accused, accompanied by Dilbag Ram, Munshi of V.K. Fertilizers, came to him and he asked them about the record. Only two registers and some bills were shown to him by Kashmiri Lal and he told them that it is not the complete record. Both the accused told him that they were not having any other record and that they would pay Rs. 10,000/- as illegal gratification for not asking them to produce any other record. When he told the accused that they were bound to produce the whole record, they agreed to give him illegal gratification to his satisfaction. Inspite of the fact that he told them that he was not interested in any such bribe, they kept on pressuring him to receive the same. About this illegal act of the accused, the complainant gave written application Ex. PC to the SP., who marked the same to R.S. Dhillon, DSP (PW-4), vide his endorsement Ex. PC/1 for registration of the case, laying down of a trap and to investigate the matter. The DSP, after recording his police proceedings on that application, sent the same to the Police Station, and on the basis thereof formal FIR Ex. PC/2 was recorded against the accused under Sections 8, 9 and 12 of the Act. The complainant also mentioned in that application that the accused would make an attempt to give him bribe in the post lunch session. The DSP constituted a raiding party by joining Subhash Chander Gupta, SDO, Public Health Department, Patiala (PW- 3). He took search of the complainant, which resulted in recovery of Rs. 935/- and those currency notes were taken into possession, vide memo Ex. PD. Thereafter, the complainant was made to sit on his chair and Subhash Chander Gupta occupied the chair on his left side. After some time, the accused came to that place and occupied the bench lying on the right side of the complainant. Kashmiri Lal offered bribe money to him but he refused to accept the same and thereafter that accused put that money in the right side drawer of his table. On receiving the signal from the complainant, through window of the office, the DSP came to the spot and apprehended both the accused. Subhash Chander Gupta was asked to take search of the drawer, which resulted in the recovery of twenty currency notes of the denomination of Rs. 500/- each, and the same were taken into possession, vide memo Ex. PE. Personal search of the accused was taken and recovery memos to that effect was prepared. Two registers and one file, containing the bills, were found lying on the table of the complainant and those were taken into possession, vide memo Ex. PE. The DSP prepared the rough site plan Ex. P1 of the place of the recovery. On 29.10.1999, the complainant produced the notices Ex. P.24 and P.25 before the DSP and those were taken into possession vide memo Ex. PH. After completion of the investigation, challan was put in before the Special Judge, Patiala, for the trial of the accused.

(3.) On appearance of the accused, in the court, copies of all the documents sent alongwith the police report and relied upon by the prosecution were supplied to them, as per the mandatory requirements of Section 207 Cr.P.C.. From the perusal of those documents and after hearing PP for the State and the accused in person, the learned Special Judge found sufficient grounds for presuming that the accused committed offences punishable under Sections 7 and 12 of the Act. They were charged accordingly, to which they pleaded not guilty and claimed trial.